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ECHR President Spielman to EuroFora: EU entry to ECHR to boost Citizens' Rights => +EU Integration ?
ECHR President Spielman to EuroFora: EU entry to ECHR to boost Citizens' Rights => +EU Integration ?

*Strasbourg/ENA/Angelo Marcopolo/- The forthcoming EU Accession to the European Convention on Human Rights can strengthen EU Citizens' Rights and thus Stimulate Popular Support for more and better European Integration, agreed in substance, ECHR's President, Dean Spielmann, in reply to a relevant "EuroFora"'s Question.
- "EuroFora" had asked Spielman if he believed that, a Political advantage for Europe could be to help face the current need to urgently fil the notorious Gap still existing between EU Citizens and EU Institutions, by the forthcoming EU Accession to the ECHR, as long as this would ameliorate the respect of EU Citizens' Human Rights by all concerned Bureaucracies, so that their own Feelings vis a vis EU Integration could be Stimulated and gain a new Momentum, able to bring some badly neeeded Fresh Popular Support to the European Edification in the foreseeable Future.

- "Yes, certainly !", replied positively ECHR's President to "EuroFora"s question.
+ "I am Convinced about that", President Spielmann stressed in addition.
- In this regard, "what we need, at the Highest Political Level, are Personalities who have a certain View ("Vision"), he pointed out earlier.
- Because "there are certainly important political stakes in the (current) system of EU Integration (in itself), but we shouldn't lose sight also of a Political Vision which safeguards the level of Human Rights, particularly in some very Technical issues, which have a great Impact in everyday life", he Warned
=> "Instead of getting lost amidst the Daily Details of an "efficiency" at Short term, we must also take a Higher look and have a certain Vision at the Horizon", he advised, reacting also to another, relevant Critical observation made by another EuroJudge, who had complained of the fact that, some EU Officials often look at the EU as an "Efficient" Mechanism, while, on the contrary, they take CoE and ECHR rather as something which might Divert them from their main tasks, as he said.

Spielmann was speaking Yesterday (Thursday) Evening at a Conference-Debate, co-organized by the CoE and ENA, the prestigious French Higher School for Senior Officials of State and/or European/International Governance, at its Headquarters in Strasbourg, on the occasion of the Publiction of a Book on "EU's Accession to the ECHR", by the PanEuropean Court's Grand Chamber's Registrar, Johan Callewaert, together with Strasbourg University's Professor of Law, Florence Benoit-Rohmer, as well as EU Commission's Legal Officer in charge of the still on-going EU-CoE Negotiation for the forthcoming Accession Treaty, Dr. Hannes Kramer, several EuroJudges, Ambassadors/Permanent Representatives to the CoE, (f.ex. of Belgium, etc).
In fact, in good old times, USA's initial History already had produced an unforgettable concrete example, particularly with the Famous Historic Declaration of Rights and Freedoms, which notoriously starts with the symbolic formula : - "We, the People !" A well known Inspiration for many, even Today...
As "EuroFora" previously informed President Spielmann, the main idea that People's genuine interest and support to EU Integration would be Stimulated and developed further, if they felt that at least their Basic Human Rights were effectively protected, (f.ex. on Personal Freedom and Freedom of Expression, Family life, Political or Religious Beliefs, Fair Trial, on participation to really Democratic collective Decision-making, etc), was initially formulated at the Highest level, back on 2008, by Pope emeritus Benedict, (formely Cardinal Ratzinger : a long-time University Professor and Writer), in his official Speech at the Elysée Palace, when he met with former French President Nicolas Sarkozy, who was then Chairing the EU (from July up to Decembre 2008). Sarkozy had practically Replied to that point, in substance, by promissing mainly to promote prior Consultations, at least, of all interested Citizens, with well informed and open "Public Debates", (f.ex. accessible also by Internet Fora, etc), before taking any particularly Important Decision which might seriously affect their Lives and/or Society at large, with an important impact for the present and the Future. (Something that his Government tried to do in real practice, f.ex. with a many Months-long Popular Consultation, via many Regional Conferences and a permanently open Internet Website Forum, etc., before the latest Legal Reform on several crucial issues of BioEthics, (etc).
They had exchanged views about that, just a few years rs after the 2005-2007 "No" to EuroReferenda in 3 EU Countries : France, the Netherlands and Ireland, which had revealed the crucial need to take into account, before any Importa,t Decision, and succeed to stimulate EU Citizens' genuine interest, trust and enthousiasm, which is indispensable if European Integration is to advance further in order to become able to really face Today's big Challenges both at Home and in the World. Benedict, as also an experienced former University Professor, who had notoriously published even a landmark Dialogue with famous Philosopher Jurgen Habermas of the nearby Frankfurt School of thought, basicaly around the idea of "Offentlichkeit", i.e. of a Piublic Space for Debates, and who prepared earlier his 2008 official visit to France, then EU Chair, at an Historic Library at Brixen/Bressanone (South Tirol in Northern Italy), where "EuroFora"s co-founder had stayed and met some among his closest collaborators, was certainly aware of the manifold implications and of the potential of previous, well informed and rational Dialogue with all interested People before important Decisions affecting their social and/or political life, and this was obvious in certain Speeches that he made meanwhile also as Pope, (starting by his 1st, private visit to Bavaria, Germany, when he met and spoke with Intellectuals at the University of Regensburg, back on 2005, where he developed the idea of Rational Dialogue as close to the Respect of personal Freedom of choice and Human Dignity).
Such key-ideas, promoted since at least 1997-2007 by "EuroFora"s co-Founder, (which had already an important place at our 1980 Research Work, of more than 1.000 pages, which had been chosen by the Law Faculty of Strasbourg's University for the award of a Prize destinated to Doctoral ¨PhD. Thesis on a proposal by Paris II Professor Paul Amselek, as well as in our interventions at an interesting 2010 Colloquy organized by the European Pole of Public Administration, the ENA and the University of Strasbourg on relevant developments both at National Laws and in EU Law as well as in ECHR's case law, si obviously also a basic element of the current "EuroFora" project, in favor of Public Debates with EU Citizens before European Organizations take important Decisions which affect their lives.

- However, in the specific context of EU's Accession to the ECHR, as foreseen by the current EU Lisbon Treaty, one also has to take into account the reality of the existence of "2 Blocks" among the 47 Member States of the PanEuropean CoE : That of those Countries which are also EU Members, and of all the others, (f.ex. Norway, Swittzerland, Russia, Ukraine, Armenia, Georgia, Azerbaidjan and Turkey, etc), other participants in Today's ENA-CoE Debate observed, underlying the fact that this Duality is often met and felt inside alost all CoE's areas of activities, which have thus to manage to build a General PanEuropean Interest outcome each time.
F.ex., the PanEuropean COE wouldn't object at all if the EU might wish to eventually have f.ex. a somewhat Higher Level of Humanb Rights and Democratic Freedoms' Standards, if at least it all respect the basic ECHR prcinciples, some among the participants ensured "EuroFora".
But, concerning in particular EU Judges, an obviously brand new and interesting development in Future, could also be the possibility to refer to the ECHR not only a Direct Application, but also a Prejudicial Question of Wider Interest, f.ex. on the Legality vis a vis Human Rights, of a Draft EU Directive, etc., the participants to the Conference-Debate on EU's Accession to the ECHR highlighted, among also various other interesting, more concrete issues.
(../..)
(NDLR : "EuroFora" intends to return soon back to this issue, with a more thorough presentation of these and probably other similar EU - CoE Debates on that matter, asap).
***
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ECHR's President to "EuroFora" on Journalists Gongadze and Adali murders : Principles must apply to all States, without discrimination.
+ ECHR's Statistics on Freedom of Expression (See below).
European Court of Human Rights' President, Jean-Paul Costa, questioned by "EuroFora" on Journalists' murders, as in Gongadze and Adali's cases etc., strongly stressed all CoE Member States' obligation to make efficient Investigations to find and punish those responsible, and underlined that ECHR's case-law's principles must apply to all without any discrimination.
His call was clearly supported by various Top MEPs who denounced a risk of "Double Standards" if some Journalists' murders are investigated, while others don't.
To avoid such risks, CoE's Parliamentary Assembly adopted a Resolution, on the occasion of Ukranian Journalist Gongadze's murder, "stressing", as a matter of general Principle, "the importance it attaches to the safety of Journalists and political activists, especially those linked to opposition groups, in ALL member states of the CoE". All "crimes against journalists and political activists must be investigated ... as a matter of priority, without political interference".
Costa was replying to "EuroFora"s question on the fact that, after CoE's Committee of Ministers, also CoE's Assembly had just adopted a Resolution on Gongadze murder case, based on an ECHR's judgement of 2005, asking a full Investigation from Ukraine, who has found and condemned in 10 years of jail 2 executants, but not yet the instigators.
While nothing similar was yet done for dissident Turkish Cypriot Kutlu Adali's murder, with 5 bullets shot at his head out of his Family's home in the territories of Cyprus occupied by Ankara's army, despite another ECHR's judgement of the same year 2005, and despite Turkey's claim that nobody was found among those responsible for the murder, and that there was nothing more to do..
In order to be credible and efficient, CoE's mechanisms shouldn't find a way to at least ask for full investigations of all Journalists' murders anywhere they might be committed, without exceptions ?

- "On the larger question that you raised, I'd like to say, since we are in a period of stock-taking on ECHR's 50 Years, that the Court's case-law developed certain concepts ....such as the Positive obligations of States, part of which are also the procedural obligations", started to reply ECHR's President.
- "Whenever Journalists, Lawyers, Defenders of Human Rights, or even simple Citizens are murdered, the States are held responsible, not only if its their own security forces' agents who committed these murders, but also if they didn't make sufficiently substantial and efficient Investigations", he stressed.
- "I want to strongly underline that we (ECHR) have found in many cases numerous violations of Articles 2 and 3 against States, ....(about) murders or torture, ...because they didn't make enough Investigations in order to try to find and punish those responsible".
- "We (ECHR) do that vis-a-vis all 47 (CoE) Member States, without any discrimination".
"Naturally, the circumstances in each particular case may be differend, and we can't ommit to apply the rules of proof, or the rules of criminal procedure".
"But we try, by all means, to apply these principles of our case-law, to all States", he concluded.

Costa's call was strongly supported by several Top CoE MEPs, from various Political areas
- "To investigate the murder of one Journalist, and not of another, looks like Double Standards", denounced the President of EuroLeft Group in CoE's Assembly, Dutch MEP Tiny Cox.
- "What is the reason ? Politics or specificity of a case ? Of course, if Cyprus and Turkey are involved, it's always a Political case"..
- "Murders of Journalists should always be fully investigated, because killing Journalists is not only killing persons, but also killing Free Press". "We (CoE's Assembly) should do our outmost to help People who are working on Free Press and they are under threat or murdered".
Because for Free Politics, Free Press is a pre-requisitive : Parliamentarians cannot function without a Free Press. Not investigating, is not protecting ourselves".
So we should investigate all Journalists' murders : We are talking about Gongadze, about the Cypriot man (Adali), about the Journalist murdered in Moscow one week ago, etc", Cox concluded
- "CoE can' look at these cases differently. CoE can't wear Blinckers !".
- "If the one is investigated, so has to be also the other. Why there wasn't full investigation ? Why's that ?", wondered British Socialist MEP, Alan Meale.
- "A good idea" would be to "make a Motion for Resolution", and "join all Journalists' murders. Adali and Gongadze etc", said to "EuroFora" EU Parliament Political affairs Committee's President, Goran Lindbland, ChristianDemocrat MEP from Sweden.
(See also earlier News at "EuroFora" on similar issues).
-------------------------------
ECHR's Statistics on Freedom of Expression :
Almost Half of condemnations by ECHR for violations of Freedom of Expression in 2008, concern Turkey : 20 out of a total of 48 for all CoE's Member States.
Russia, Poland, France and Moldova were condemned only 3 times. Romania, Greece, Portugal, 2 times, and the other CoE Member States only 1 time, or none.
--------------------
During the last Decade : 1998 - 2008, Turkey was condemned for violating Freedom of Expression in ..169 cases, while Austria only in 24.
France and Moldova in 14 and 13, respectively, closely followed by Russia and Poland with 11 and 10, respectively. The rest of CoE Member States had less than ten condemnations.

















